PADAMLAL PRADHAN Vs. PADAMLAL PRADHAN

JUDGEMENT

(1.) This is an appeal arising out of an order of conviction and sentence passed on 23-3-1996 by Shri A.P. Subba, Sessions Judge, East and North, Gangtok in Criminal Case No. 30 of 1994.

(2.) The fact of he case in nutshell is that one Puja Rai a maiden of the age of around 10 years was brought from her uncles place by the accused-appellant before us. Though there was no observance of any legal or religious formalities for adoption she was accepted by the appellant as her adopted-daughter and was being reared up in his house at the Development Area, Gangtok. It has been alleged that since after bringing the girl to his house, the accused subjected herself to sexual assaults with the aid of his wife Sabitri Pradhan. The appellant indulged sexual acts with Puja almost regularly and Sabitri, during commission of such act by her husband, used to hold the girl tight and stop her to raise any cry to express her pain or to attract the attention of the neighbours.

(3.) The victim girl was one day (26-3-1991) picked up by one Mrs. Hem Maya Gin to whom Puja narrated her miseries on a few earlier occasions as she was the next door neighbour of the accused and Puja. The girl was taken by Hem Maya, Mrs. B.M. Rai and Denka Bhutia on the very same day of 26-3-1991 to the house of Mrs. Durga Lama who happened to be a lady leader and Councilor of the Municipal Corporation and also the President of INTUC of the Sikkim State Unit. On hearing about the incidents and about the acts of the appellant and his wife, the girl was taken to the District Collector and then to the Sadar Police Station where a written report was filed by them. This report was treated as the FIR and investigation started there-from. All these were done on 26-3-1991. The 1.0. submitted charge sheet against the appellant and his wife under Section 376/34 I.P.C.